K-K (Children), Re

K-K (Children), Re

The trial judge was entitled to make adverse credibility findings against KK and NK based on inconsistencies and demeanor. The judge did not shift the burden of proof but properly assessed all evidence, including the context of A's allegations and retractions. Procedural deficiencies in interviewing A did not render the findings irrational or unreasonable. The findings of sexual abuse by KK and failure to protect by NK were justified on the evidence. The appeal is dismissed and permission to appeal for NK is refused.

Parties
Appellant: KK; Appellant: NK; 1st Respondent: London Borough of Enfield; 2nd Respondent: A (the child); 3rd to 5th Respondents: Children's Guardian for 3rd to 5th Respondents
Jurisdiction
England and Wales
Judgment Date
30 September 2024
Procedural Posture
Appeal (family/child Protection) / Judgment on Appeal From Fact Finding in Care Proceedings
Outcome
Appeal dismissed; permission to appeal refused for NK.
Legal Topics
Sexual Abuse Allegations, Fact Finding Appeals, Burden of Proof, Assessment of Witness Credibility, Retraction of Allegations, Procedural Fairness
Family Law Child Protection Sexual Abuse Allegations Fact Finding Appeals Burden of Proof Assessment of Witness Credibility Retraction of Allegations Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

KK

Appellant

NK

Appellant

London Borough of Enfield

1st Respondent

A (the child)

2nd Respondent

Children's Guardian for 3rd to 5th Respondents

3rd to 5th Respondents

Procedural Posture

Appeal (family/child Protection) / Judgment on Appeal From Fact Finding in Care Proceedings

Legal Issues

  1. 1 Whether the trial judge erred in finding sexual abuse by KK against A
  2. 2 Whether the trial judge erred in finding NK failed to protect A
  3. 3 Whether the judge failed to properly assess credibility and reliability of A's allegations and retractions

Ratio Decidendi

The trial judge was entitled to make adverse credibility findings against KK and NK based on inconsistencies and demeanor. The judge did not shift the burden of proof but properly assessed all evidence, including the context of A's allegations and retractions. Procedural deficiencies in interviewing A did not render the findings irrational or unreasonable. The findings of sexual abuse by KK and failure to protect by NK were justified on the evidence. The appeal is dismissed and permission to appeal for NK is refused.

Court Disposition

Appeal dismissed; permission to appeal refused for NK.

Orders

  • Findings of sexual abuse by KK and failure to protect by NK are upheld.
  • No order for remittal; findings stand as made by the trial judge.